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STATE FARM MUT. AUTO. INS. CO. v. FENNEMA

No. 28,626.

110 P.3d 491 (2005)

137 N.M. 275

2005-NMSC-010

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Appellee, v. Russell FENNEMA, Defendant-Appellant.

Supreme Court of New Mexico.

March 28, 2005.

Attorney(s) appearing for the Case

Collins Law Office, Robert Bruce Collins, Donald C. Clifford, Albuquerque, NM, for Appellant.

Guebert, Bruckner & Bootes, P.C., Donald G. Bruckner, Jr., Albuquerque, NM, Rowley Law Firm, P.C., Richard F. Rowley, III, Clovis, NM, for Appellee.

OPINION

CHÁVEZ, Justice.

{1} Appellant Russell Fennema appeals a district court summary judgment in favor of State Farm Mutual Automobile Insurance Company1. The district court held that State Farm was not liable for underinsured motorist benefits to Fennema because Fennema breached a contract provision requiring Fennema to obtain the written consent of State Farm before settling his claim with the tortfeasor and her insurance...

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